The High Court allowed the appellant's appeal partly, enhancing compensation from Rs. 40,850 to Rs. 87,850 by adjusting loss of earnings, continuing disability, and pain and suffering based on correct income estimation, and raising interest rate to 9% per annum.
Compensation enhanced to Rs. 87,850; interest directed at 9% per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936
MACA.No. 587 of 2011
AGAINST THE AWARD IN OPMV 652/2005 of M.A.C.T., PUNALUR, DATED 14-10-2010
APPELLANT/PETITIONER:-
RATHEESH,S/O.RAJENDRAN,RATHEESH BHAVAN, VELIYOM COLONY, VELIYOM PO KOTTARAKKARA, KOLLAM DISTRICT.
BY ADV. SRI.ANCHAL C.VIJAYAN
RESPONDENTS/RESPONDENTS:-
1. MOHAMMEDKUNJU,KOTTAKUZHIYI, KATTACHIRA, PALLICKAL PO, MAVELIKKARA ALAPPUZHA DISTRICT. (DELETED)(*)
2. SHIBU,S/O.SIVASANKARA PILLAI, SHEEJA BHAVAN, MARUTHAMONPALLY, POOYAPPALLY KOLLAM DISTRICT.
3. THE BRANCH MANAGER,NATIONAL INSURANCE CO.LTD., HOSPITAL ROAD, PARAMESWARAN PILLAI BHAVAN KOLLAM.
[(*)DELETED AS PER ORDER IN IA.NO.727 OF 2015 DATED 26.2.2015.]
R3 BY ADV. SMT.RAJI T.BHASKAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kvs/-
P.B.SURESH KUMAR, J.
M.A.C.A.No.587 of 2011.
Dated this the 9th day of March, 2015.
J U D G M E N T
The claimant in a petition for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the quantum of compensation granted by the Tribunal.
M.A.C.A.No.587/2011.
2
discharge card. From Ext.A12, the Tribunal noticed that the claimant sustained fracture of clavicle and an open bone injury in the right knee. The Tribunal also noticed that the claimant had undergone inpatient treatment for 13 days. As noticed above, the claimant is a bus cleaner. The Tribunal granted only a sum of Rs.6,000/- towards loss of earnings for a period of three months, reckoning his monthly income at Rs.2,000/-. Since the accident took place in the year 2005, according to me, the monthly income of the claimant should have been reckoned at Rs.4,500/-. The claimant is therefore entitled to a further sum of Rs.7,500/towards loss of earnings. Towards compensation for continuing disability, the Tribunal has granted a sum of Rs.21,600/reckoning the monthly income of the claimant at Rs.2,000/- and the percentage of disability at 5%, applying the multiplier '18'. As I found that the income of the claimant is liable to be reckoned at Rs.4,500/-, the claimant is entitled to a further sum of Rs.27,000/towards compensation for continuing disability. Towards pain and sufferings, despite the fact that the claimant has sustained fracture of clavicle and an open bone injury, only a sum of Rs.7,500/- is seen awarded. In the above circumstances, the claimant has to be awarded a sum of Rs.5,000/- more towards pain and suffering. No compensation is seen awarded for loss of
M.A.C.A.No.587/2011.
3
amenities and enjoyments in life. The claimant is entitled to some compensation on that head as well. On an evaluation of the materials on record, I am of the view that the claimant is entitled to a sum of Rs.7,500/- towards loss of amenities and enjoyment in life also. Thus, the claimant is entitled to a further sum of Rs.47,000/- towards compensation.
5. It is seen that interest has been granted by the Tribunal for the compensation awarded only at the rate of 7.5% per annum. It is now settled that the claimant in a proceedings of this nature is entitled to interest for the compensation awarded at the rate of 9% per annum.
In the result, the appeal is allowed in part. The compensation granted by the Tribunal is modified granting a further sum of Rs.47,000/- to the claimant by way of compensation. Needless to say, the claimant will be entitled to interest for the whole amount of compensation at the rate of 9% per annum, except for the period of delay in filing the appeal, viz., 115 days as ordered in C.M.Application No.990 of 2011.
Sd/-P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal should be enhanced considering the claimant's actual income and injury severity.
Whether the rate of interest on the compensation awarded by the Tribunal should be increased from 7.5% to 9% per annum.
1 provisions across 1 enactments
RATHEESH
THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD.
P.B. SURESH KUMAR
As recorded by the court registry
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